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A Collection of Newfoundland Wills
Walter Whelan


Will of Walter Whelan
from Newfoundland will books volume 1 pages 402 & 403 probate year 1842

In re
     Walter Whelan       deceased.

This is the last will and testament of me Walter Whelan of Brigus in the Island of Newfoundland Dealer In the first place I desire that I may be decently interred after my decease and that all my just debts and funeral expense (including thirty pounds for a neat marble tomb stone) be immediately charged paid and defrayed out of personal estate by my executors hereinafter named I give and bequeath to my dear wife Margaret Whelan the dwelling house in which I now reside together with all lands belonging to or attached to the same and all out houses and buildings erected thereon with the appurtenances and all my household furniture plate linen china and all and singular other the property in my said dwelling house at the time of my decease for and during her natural life.
I further will and desire that my farm lands buildings and premises at Cubits, the house store Quay and premises situate near Jeremiah Nowlan's, the meadow land, potato ground and all buildings thereon erected situate near the Reverend Dennis Mackin's and the two houses lands and premises situate near the Roman Catholic Chapel and all other lands and premises which I may die possessed of shall as soon after my decease as the full value can be obtained for the same without sacrifice be either sold or let on lease by my said executors and the proceeds of such sale or the rents thereof placed out at interest on the most secure and advantageous terms for the purposes hereinafter mentioned.
I also desire that my cattle and all other goods and chattels debts and personal property of every kind and nature not hereinbefore mentioned shall immediately on my death be sold realized and disposed to the best possible advantage by my said executors and the proceeds thereof also placed out at interest in the manner above described.
It is however my wish that before my Brig Emily be sold or disposed of she shall be fitted out and sent next spring on the Seal Fishery and I authorise my said executors to appropriate one hundred pounds to defray the expenses of such outfit and the proceeds or profits (if any) upon the said Fishery shall be likewise placed out at interest with the monies before mentioned.
I also give and bequeath to my said beloved wife Margaret eighty pounds sterling p annum during her natural life provided she remains a widow and I desire that the same shall be regularly paid to her by my said executors out of my personal or real estate but should she at any time hereafter marry again she shall in such case be paid the sum of twenty pounds sterling and forfeit all other claim and demand whatsoever upon my said executors under this my will.
I give and bequeath to Richard Mandevil of Brigus and to each of my executors hereinafter named the sum of ten pounds currency to be paid to them immediately after my decease and my further will and desire is that at the death of my said dear wife sixty pounds sterling shall be at her disposal by will or otherwise to such person or persons as she shall think proper and the remainder of my property both personal and real of every kind and nature shall at her decease be equally divided between my nephews John Shea and Walter Shea of Carrick in Ireland, William Corbett and James Corbett sons of Richard Corbett of Spaniards Bay in the Island of Newfoundland and Walter Whelan son of William Whelan of Spaniards Bay aforesaid and their heirs lawfully begotten.
I also give and bequeath to Michael Mulcahy of Brigus laborer the sum of twenty pounds currency to be paid him previous to the distribution of my estate to take place after my wife's death as above mentioned.
And lastly I appoint my said dear wife and my friends the Reverend Dennis Mackin and Robert John Pinsent Esquire executrix and executors of this my last will and testament with power to any two of them to act at all times in carrying this my will into effect.
In witness whereof I the said Walter Whelan to this my last will and testament have affixed my hand and seal this twelfth day of July in the year of our Lord one thousand eight hundred and forty two. Walter Whelan (LS)
Signed sealed published and declared by the said Walter Whelan as and for his last will and testament in the presence of us who in his presence and in the presence of each other at his request have subscribed our names as witnesses hereto, the addition made on the back hereof having been in the first place duly executed by the said Walter Whelan and declared by him in our presence to be a part and parcel of his said last will and testament, Alfred Mayne,   W. Stirling,    John Stark.
Before signing and sealing the within my last will and testament my wish and positive desire is that instead of selling all my cattle and the meadow and field opposite the Reverend Dennis Mackin's premises I hereby give and bequeath to my said dear wife Margaret for her own use and benefit three cows to be made choice of by her from my whole stock and I likewise give and bequeath to my said dear wife the said meadow or field for and during her natural life and this I declare to be a part and parcel of my last will and testament on the other side hereof written. Walter Whelan (LS)
Signed sealed published and declared as part and parcel of the last will and testament of the said Walter Whelan in presence of us this 12th July 1842. Alfred Mayne,   W. Stirling.    John Stark.

Certified Correct,
D. M. Browning



Note: The wills in those will books are NOT actual wills. They are hand-written copies of a, "last will and testament," written by the court clerk, after the death of the testator, when the executor presented them to the court for probate. The court clerk didn't list the signatures at the bottom, he (or she) just put them in the book in whatever order they were in, on the original document, no spacing most of the time, no punctuation. The originals were kept by the executor.

We who have typed these wills, have made every effort to include all the errors that were on the microfilm, in order to avoid destroying the integrity of the originals, where ever they may be.

Page Contributed by Judy Benson and Ivy F. Benoit

Page Revised by Ivy F. Benoit (April 14, 2003)

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